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Overview - Landlord Information - Obligations - Residential Tenancy Act: Protecting Landlords And Tenants

Australia's state-specific Residential Tenancy Acts are intended to protect both the landlord and tenant under residential tenancy agreements.

A Residential Tenancy Act does not apply to the following properties:

  • A hotel or motel

  • An educational institution, hospital or aged-care facility

  • A home for disabled persons care

  • A temporary mobile home

Each Australian state holds a different government body responsible for the administration of its Residential Tenancy Act. They include:

  • ACT Residential Tenancies Tribunal

  • New South Wales Consumer, Trader & Tenancy Tribunal

  • Northern Territory Consumer and Business Affairs and Northern Territory Department of Justice

  • Queensland Residential Tenancies Authority

  • South Australia Residential Tenancies Tribunal

  • Tasmania Consumer Affairs and Fair Trading and the Residential Tenancies Commissioner

  • Victorian Civil and Administrative Tribunal

  • Western Australia Department of Consumer and Employment Protection and a Magistrates Court

Some of Australia's Acts stipulate a standard form of rental agreement. These include minimum rights and responsibilities of both landlords and tenants in relation to: the payment of rent, rent arrears, and rent increases; rental agreement terms and the correct procedures; landlords' access to premises; administration of security bonds; additions to the premises; and expectations of privacy and security.

Parties involved in the tenancy agreement may only insert additional terms provided they don't contravene the Tenancy Act. Improvising may result in your tenancy agreement being invalid. In addition, you're not permitted to include miscellaneous terms such as the tenant being required under the agreement to take out a specific sort of insurance, to exempt you from any form of liability, or that tenants in breach of the agreement will be penalised by rent hikes.

Tenancy agreements can only be ended in accordance with the Act. Not doing so could result in financial penalties. Valid ways to end an agreement include: mutually agreement detailed in writing by the landlord and tenant; the landlord giving the tenant notice to leave or abandonment termination notice; the tenant issuing the landlord with a notice of intention to leave; an order by a Tribunal or other relevant government body.

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General Disclaimer

General Disclaimer

The information contained in TenancyCheck.com.au website is general information only and does not constitute legal, financial or compliance advice. As the laws relating to tenancy agreements may have changed we recommend you check with the relevant State or Territory government department. We also recommend that you obtain your own independent legal advice about matters relating to landlord obligations, tenant rights and any legal disputes you may have with a tenant(s).